Tort trial based on the NCC

The High Court of Cassation and Justice has ruled that, where the injury pending action is the result of the construction of a motorway, as an initiative and action of the defendant, in this case the refusal to cover damages. The conditions are provided for by art. 1349 New Civil Code, the new regulation of torts, which show that every person has the duty to respect the rules of conduct which the law or local custom require and commit no prejudice, through action or inaction, to the rights or legitimate interests other persons, the person responsible who by free will disregards his duty will answer through restitution. Unlike the previous regulation contained in art. 998 of the Civil Code., the new regulation does not explicitly require the existence civil liability negligence, a mistake of the author, limited to the finding of a violation of rights and legitimate interests of others, by action or inaction. As such, guilt is presumed. (Decision no. 2358 of 24 June 2014 rendered the appeal by the IInd Section of the Civil High Court of Cassation and Justice, concerning tortuous liability)

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Dan Alexandru NEGRU

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